Statutory Instruments
2008 No. 229
pensions
The Armed Forces (Gurkha Pensions) (Amendment) Order 2008
Made
6th February 2008
Laid before Parliament
7th February 2008
Coming into force
29th February 2008
The Secretary of State in exercise of the powers conferred by section 1(1)(a) of the Armed Forces (Pensions and Compensation) Act 2004( 1 ), makes the following Order:
Citation and commencement
1. This Order may be cited as the Armed Forces (Gurkha Pensions) (Amendment) Order 2008 and comes into force on 29th February 2008.
Amendment of the AFPS 2005
2. —(1) Schedule 1 to the Armed Forces Pension Scheme Order 2005( 2 ) is amended as follows.
(2) In rule L.3 (option for former active members of the Gurkha Pension Scheme to join the Scheme)—
(a) after “ill-health pensioner” in paragraph (7)(a)(i) insert “, or a prescribed pensioner”; and
(b) after paragraph (7) insert—
“ (7A) In paragraph (7) “prescribed pensioner” means a pensioner member of the Gurkha Pension Scheme who—
(a) is eligible to become a member of the Scheme under this Part; and
(b) on becoming a member, would become entitled to payments under articles 8 to 10 of the Armed Forces Early Departure Payments Scheme Order 2005 ( 3 ) (eligibility, entitlement and amount of early departure payments). ” .
Amendment of the EDPS 2005
3. —(1) The Armed Forces Early Departure Payments Scheme Order 2005 is amended as follows.
(2) In article 4(e) (meaning of “relevant service” for Gurkha Pension Scheme transferees) after “rule L.4” insert “or L.5”.
Signed by authority of the Secretary of State for Defence
Derek Twigg
Under Secretary of State
Ministry of Defence
6th February 2008
S.I. 2005/438 , as amended by articles 2 and 3 of the Armed Forces (Gurkha Pensions) Order 2007, S.I. 2007/2608 . Other amendments to S.I. 2005/438 have been made which are not relevant to this Order.
S.I. 2005/437 , as amended by article 4(3) of the Armed Forces (Gurkha Pensions) Order 2007, S.I. 2007/2608 . That S.I. made other amendments to S.I. 2005/437 , which are not relevant to this Order.